[Adopted 8-26-1972 by Ord. No. 38]
No building or structure, or any parts thereof, in the Town of Fenwick Island, Delaware, shall hereafter be erected, constructed, added to, altered, repaired, removed or demolished except in conformity with the provisions of this article.
[1]
Editor's Note: Former § 61-13, Regulations for utility company cuts in roads, added 8-28-1982, as amended 4-24-1987, 4-29-1988 and 4-29-1988 and 4-28-1989, was repealed 2-26-1999. For current provisions, see Article III, Utility Construction. In addition, the ordinance adopted 2-26-1999 redesignated former §§ 61-14 through 61-17 as §§ 61-13 through 61-16, respectively.
[Amended 7-31-1987; 11-15-2003; 3-4-2022]
A. 
Hours of construction. No construction shall be carried on between the hours of 6:00 p.m., prevailing time, and 8:00 a.m., of the following morning, prevailing time. No construction shall take place on any Sunday or the following specified holidays or dates: January 1 - New Year's Day; Memorial Day; July 4; Labor Day; Thanksgiving Day; Christmas Day; and any Saturday from May 15 to September 15, inclusive, of any year, except as certified, in writing, by the Town Council of the Town of Fenwick Island as necessary to protect public property. Nothing contained herein shall prevent any homeowner from working within his own property boundaries, provided that such work is done by himself. Such privilege does not convey the right to violate any provisions of the Zoning and/or Building Construction Code, nor is it to be construed as exempting any such property owner from obtaining a permit and paying the required fees therefor.
[Amended 3-4-2022; 5-26-2023]
B. 
Pile driving. Installation of piling by mechanical driving is prohibited from June 1 to August 31, inclusive, of any year, except as certified, in writing, by the Town Council of the Town of Fenwick Island as necessary to protect public property.
C. 
Construction, definition. As used in this chapter, "construction" shall mean any activity, relating to, but not limited to, operating or permitting the operation of any tools or equipment in connection with the erection, addition, repair, removal, fabrication, installation, alteration, excavation or demolition of any structure, facility or addition thereto. Construction activity extends to site preparation, earthmoving, blasting, drilling, deliveries, portable toilet maintenance, dumpster delivery/emptying, and loading and unloading from construction vehicles.
[Added 5-26-2023]
[Added 9-29-1995]
A. 
All construction trash materials are to be contained in dumpster or container.
B. 
All mud and debris are to be cleared from streets, rights-of-way and neighboring properties due to construction.
C. 
Contractors are to provide toilet facilities, if none available.
D. 
All primary contractors are responsible for subcontractors or anyone working for them to obey Town ordinances.[1]
[1]
Editor's Note: Former Subsection D, which provided that the contractor was liable for street repairs, was repealed 8-28-1998. Said ordinance also redesignated former Subsection E as Subsection D. For current provisions, see § 61-16.
[Added 8-28-1998]
A. 
Primary contractors shall be liable for the cost of damage to the Town's right-of-way caused by the primary contractor, subcontractors or by delivery vehicles of construction materials, equipment, trash collection containers and the like. Contractors who are judged by the Building Official and/or the Public Works Department to be causing or to have caused or allowed to be caused such damage (including paved streets and unpaved shoulders) shall be liable for the cost of repairing such damage.
B. 
Repair of damages to the paved street portion of a right-of-way shall be completed by the Town according to established specifications using a contractor from its established list of contractors and according to a timetable determined by the Public Works Department. Repair of damages to the unpaved portion of the right-of-way (including but not limited to shoulders, swales and drainage systems) shall be the responsibility of the primary contractor who causes or allowed to be caused said damage and who shall restore the right-of-way to its original condition as specified by the Public Works Department.
C. 
The fees charged to contractors for such repairs to the paved streets will be according to the most recent published Street Repair Fee Schedule to be predetermined by the Public Works Department. Payment of such fees by contractors to the Town will be due immediately upon the issuance of a statement by the Town.
D. 
Contractors shall acknowledge by signature, as a condition for receiving their annual license from the Town, their acceptance of liability of the cost of repairing such damage and the Town's published Street Repair Fee Schedule thereto.
E. 
Contractors who are causing or have caused such damage or who fail to pay repair fees immediately or fail to do restoration work immediately will be subject to a stop-work order, revocation of license, court proceedings and/or penalties and fines.
[Added 7-22-2011[1]; amended 2-28-2025]
A. 
A violation of the provisions of this article, or the failure to comply with any of its requirements, shall constitute a misdemeanor, and said violation shall be a continuing one, in the event that it occurs on more than one day. Upon conviction of any single charge, which may encompass and include each day of violation up to and including the date of conviction, a violator shall be subject to a fine of $100 for each day the violation occurs. The owner or tenant of any building, structure, premises or any part thereof, and any architect, builder, contractor, agent for one of the aforenamed persons or any other person who knowingly commits, furthers, participates in, assists in, or maintains such violation may be separately convicted and be subject to the same penalties provided herein. Nothing in this section shall be construed to prevent or otherwise prohibit the prosecution of the same violation occurring on a date subsequent to the conviction. In addition, the Town may institute appropriate proceedings to restrain or enjoin further construction in violation of this article and/or proceedings to abate any violation, and to require the removal of the violation. In this event, the Town shall be entitled to collect from the offending party or parties the Town’s reasonable legal fees and court costs, as a part of any judgment or award in a civil action brought to restrain or enjoin a violation. The civil remedies are in addition to, and not in place of, the criminal penalty provided herein.
B. 
Any violation or failure to comply with any requirement of this article shall constitute a civil offense pursuant to Chapter 75 of the Code of the Town of Fenwick Island. Any person who violates or fails to comply with this article shall pay a civil fine in the amount of $250 for the first violation and $500 for each subsequent violation. Each day that a violation is not cured shall automatically constitute a distinct and subsequent violation, regardless of whether the Town issues a subsequent citation for such a subsequent violation.
[1]
Editor’s Note: This enactment also provided for the renumbering of former §§ 61-17 and 61-18 as §§ 61-18 and 61-19, respectively.